VIC Family law - legality of changing arrangements by agreement

[sammy01]

I disagree with Atticus on hypothetical 2. I reckon consent / court orders trump a signed parenting plan. The only thing that makes court orders obsolete is if a new set of court/consent orders is stamped by the court, or the kid turns 18.

 

[GlassHalfFull]

I disagree with Atticus on hypothetical 2. I reckon consent / court orders trump a signed parenting plan. The only thing that makes court orders obsolete is if a new set of court/consent orders is stamped by the court, or the kid turns 18.

Sammy, did you see the link Atticus posted? It is the Family Law Act itself, and specifically mentions that if there is a parenting plan that is formalised after the consent/court order, then the court must have regard for it and consider whether to vary the order to include provisions in the parenting plan. That sounds very much like it does trump it, or at least can trump it, at the judge's discretion.

In my case, as I haven't signed any formal parenting plan with my ex, the only thing I have is a very informal temporary agreement to make a minor change to the times and as I said previously, it sounds like the court order is very much still valid despite that agreement.

 

[Atticus]

I disagree with Atticus on hypothetical 2. I reckon consent / court orders trump a signed parenting plan. The only thing that makes court orders obsolete is if a new set of court/consent orders is stamped by the court, or the kid turns 18.

Not true...

Check the act yourself.... this is why I always caution people who have parenting orders about the implications of entering into a later formal parenting plan....

 

[Atticus]

It sounds like since nothing was signed formally and I made it clear that the agreement to vary the dates and times specified in the orders was temporary, that I would be on safe ground in asking that we revert back to the orders.

I agree.... Temporary agreements do not change a current order so it's still carries all the legal weight in terms of contravention enforcement... Important thing for you is to make sure you have clear evidence of the agreement & specify what dates, times it relates to